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My 19 year old son was arrested for a dui he blew a .09 on the breathalizer and no blood test was given. He has no prior at all

Fontana, CA |

He hit the curb no other cars were involved and no one saw him drive. He was stopped and detained by an off duty officer who did not show him any identification and told him to sit on the curb until a patrol car came. He was booked and held 4 hours and blew a .09 and no blood test was given. Do you think a dry and wreckless or a infraction will be possible to plea bargain down to. How much difference in penalties is a dry and wreckless or an infraction compared to a dui or wet and wreckless. what direction should we go

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Attorney answers 12


A blood test is not necessary for a conviction. Blowing a .09 as a 19 year old would not likely be reduced to anything other than a DUI because there is a zero tolerance if under 21. There may be issues to work with so hire yourself a well qualified attorney to help you out with this matter.


There are a lot of difficulties obtaining a dry and reckless in your case. First your son is under the age of 21. Second, he blew over a 0.08. However, without knowing any more information, we cannot tell you how likely it is to get a certain charge.

You should hire an attorney to go over the facts of the case. You will have a much better chance to plea bargain to a lesser charge such as a wet and reckless and dry and reckless if you hire an attorney than if you go it alone. There are many qualified attorneys on avvo that offer a free consultation (including myself). Call around to a few of them and schedule these consultations. Find one that is the best fit for you and he or she can better assist you.

This answer is provided solely for informational purposes only. This answer does not constitute legal advice or create an attorney-client relationship.


A dry will be possible depending on a variety of factors, but will take some work to get because of the collision. An infraction will be pretty much impossible due to the collision and BAC level.

First steps should be to contact the dmv and request a hearing, otherwise his license will be suspended regardless of what happens in court.

You should contact an experienced DUI attorney to discuss details further and get a better understanding of what he's looking at as far as punishment is concerned. Most, like my office, offer free consultations.

Good luck!

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


At 19 his blood alcohol level can be no more than .01%. That puts your son 9 times over the limit for his age and since he has been charged with a DUI and is not 21, he's facing a mandatory suspension of his driving privilege. Additional information at

A proper response would require a thorough investigation into the history and background of this relationship. The information provided above is just that, information, to be used as you see fit.


First you should hire an attorney to go over the specific facts of your
case and under 21 driver is subject to a 1 your license suspension from the
DMV irrespective of the court case. The district attorney can charge and
under 21 driver for the Zero Tolerance a point 05 dui as in fractions or a
dui as a misdemeanor. A wet reckless is a lesser offense of a misdemeanor
DUI and is itself a misdemeanor a dry reckless is also a misdemeanor. Need
more facts to give more detailed information


Based on his age, the relevant BAC level is .05 so a wet reckless may be difficult to achieve, particularly if he hit a curb. The driving element may be a viable defense but needs thorough analysis. Many of us on Avvo provide a free consultation, so make some calls.


The fact that your son is underage complicates matters a bit. There are different penalties both in the court and the DMV he has to contend with. You should at the very least consult with an Attorney. What court is his case out of? Fontana?

Contributions on in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


Your son is looking at a one year license suspension because he had over.01% alcohol in his system. With an attorney it is quite possible that the DUI will be reduced. Get an attorney- especially for Fontana.



I agree with my colleagues answers. There are two aspects to a DUI: The DMV hearing and the court proceeding. Most attorneys that handle DUIs will represent your son on both. If you do not retain an attorney within 10 days of the incident, your son needs to make sure he preserves his hearing rights with the DMV by contacting them within 10 days. An attorney will review the reports and may find and argue issues at the hearing so that he does not lose his license. As far as the criminal charges, many factors (driving pattern (or lack of, as is the case here), field sobriety tests performed, time of the BAC test, etc) need to be analyzed by an attorney who can then advise him which direction to go... attempt to negotiate a plea to a different charge or trial...


Zero tolerance for persons under the age of 21. Zero tolerance means anything at or above 0.01.

The response above is not intended as legal advice. This response is for educational purposes only. I have not met with you and I am not knowledgeable about the specific details of your case. Each case is unique and different. Therefore, it is highly recommended that you contact and meet with a licensed criminal defense attorney to discuss your specific circumstances. In addition, an attorney-client relationship is not created by virtue of this response.


First - if he hasn't already done so - file for a DMV hearing, and do it within 10 days. Otherwise, his license is going to be suspended, and it's going to be a hard suspension for one year. (Under 21 and over 0.01 BAC.) If that happens, then his ability to get his license reinstated prior to the one year is going to be very slim, very slim.

Second - Under 21 and over 0.05 is going to result in a 23140, and most likely a 23152a. So, getting a dry reckless is going to be very, very difficult. And, if he's 0.09 after four hours in custody (did I read that correctly???), then even getting a wet reckless is going to depend on something other than the BAC and the lack of a blood test.

Third, the fact of "no prior" is not really going to matter to the DA.

FInally, the direction he should go - start interviewing to find a good, qualified attorney. Consider any money spent an investment in his future. DUIs are misdemeanor criminal convictions - he doesn't need that on his lifelong record starting at 19 if it is at all avoidable. Also, the loss of driving privilege often has a disastrous impact on employment and other social factors, and it sets him up for even more problems if he exercises poor judgment and decides to drive while suspended.

Good luck, and start looking (right after you request that DMV hearing!)


In order to evaluate your son's case more information is required. Generally, lesser charges are for cases where there are facts which justtify a reduction because there are issues and or significant mitigating factors. The blood alcohol at .09 is relatively low, but it depends on when the test was taken, statements to the officer, witnesses or admissions to the driving, prior record, field sobriety tests, attitude with the officer, and dangerousness of the driving. The fact he was under 21 is an aggravting factor as well as the accident. Being under 21 if he was .01 B.A. or more, it will likely result in a one year DMV suspension, he has a right to a DMV suspension hearing if he or his attorney call DMV within 10 days to set it up. He may qualify for an under 21 critical need license even if there is a suspension. DUI and "wet reckless" both count as priors in the future making any subsequent offense within 10 years a second offense with significantly greater penalties. Jurisdictions vary in some degree in negotiations and sentencing. It is difficult to discuss comparison of charges and details of penalties withoput learning more about the case and your son. No attorney can really advise you without a complete understanding of everything involved in your case. You should set up a consultation with an experienced DUI attorney familiar with your local Court, Judges and D.A. to address all of your questions.

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